Curtea Europeană a Drepturilor Omului şi fragmentarea dreptului internaţional. Conflictul normelor şi jurisprudenţa relevantă a Curţii
The European Court of Human Rights and the fragmentation of international law. The conflict of rules and the relevant case-law of the Court

Summary/Abstract: When analyzing the international legal order it is imperative that one reference the fragmentation-convergence dichotomy. Whether viewed from a historical perspective, drenched in post-colonial sentimentalism, or in a more global manner, leaning towards analyzing international cooperation and dispute resolution, one particular aspect has become irrefutable: fragmentation and convergence are the two facets of this Hegelian dialectic. The aim of this paper is not to analyse the two concepts antithetically, but rather in a complementary manner, our hypothesis being that each actually contributes in shaping the other. To support this analysis, the paper references the relevant case law of the European Court of Human Rights.

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